Effective Date: August 8, 2021
We reserve the right to unilaterally revise these Terms and all linked content from time to time, at our sole discretion by updating this posting or any linked content. Unless otherwise indicated in a relevant revised version, the revised version shall enter into force immediately when posted. By continuing to access or use the Platform and Services, you are indicating that you agree to be bound by the revised version. If you do not agree to continue to use the Platform and/or Services on the basis of the revised version, you should cease to use our Platform and/or Services.
The clause “Dispute Resolution; Agreement to Arbitrate” provides that all claims should be resolved by way of binding arbitration. The clause “Class Action Waiver” contains a binding class action waiver. Please read both sections carefully, as they affect your legal rights.
In these Terms the following capitalized terms have the following definitions:
- “Account” means the account you open when you register on the Platform.
- “Services” has a definition given in the clause “Description of the Services”.
- “User”, “you” or “your” means a user of our Services, being an individual or legal entity, or any agent, employee, or person authorized to act on such a user’s behalf.
DESCRIPTION OF THE SERVICES
JAVLIN Invest’s services enable Users to use the Platform to gain access to key data points about long-term investment portfolios and use other tools and features available through JAVLIN Invest’s services (the “Services”). JAVLIN Invest provides other related services, including, without limitation, hosting and maintaining the Platform, marketing services, etc. (jointly hereinafter referred to as the “Services”).
Our Services are only intended for use by individuals residing in the United States. JAVLIN Invest makes no representation that the Services are appropriate or available for use outside the United States. Similarly, JAVLIN Invest makes no representations that accessing the Platform from locations outside the United States is legal or permissible under local law.
The Services are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. By using the Services you agree that you are responsible for your own investment research and decisions, that you will not rely on the Services as the primary basis for your investment decisions. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
PLATFORM AND SERVICES AVAILABILITY
JAVLIN Invest uses commercially reasonable efforts to maintain our Platform and Services on a twenty-four (24) hours a day, seven (7) days a week basis. However, our Platform and Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time. Our Platform and Services can be unavailable due to causes beyond our reasonable control, such as failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures.
REGISTRATION OF THE ACCOUNT
To access certain Platform features and use certain Services, Users have to register for an Account. You can register for an Account if you provide true, accurate, and complete information about yourself and keep your Account information updated to maintain its truthfulness, accuracy, and completeness.
Users shall be responsible for the security of their Account on the Platform and keep their username and password confidential. You shall be solely responsible for any actions (and their consequences) in and with Services through your Account, including any transactions made through it.
If you violate these Terms or otherwise create risk for us, we reserve our right to suspend the delivery of the Services in all or part to you. We reserve the right to suspend, terminate or delete your Account at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms or policies if we suspect you of misconduct and/or are investigating you for any alleged misconduct.
SUBSCRIPTIONS AND PAYMENT
We charge subscription fees for certain Services as indicated on the Platform.
We may change any fee from time to time and will update you by placing revised fees on our Platform.
The fees for our Services will be billed immediately. If you purchase any subscriptions, your subscription will automatically renew, unless you cancel your subscription at least 24 hours before the end of the current period.
A current subscription may not be canceled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by managing your subscriptions in your App Store or Play Store Settings after purchase.
To the extent any amounts owed under these Terms cannot be collected from your payment method(s), you are solely responsible for paying such amounts by other means.
USE OF THE SERVICES
During the term of your use of the Platform and Services, we grant you a non-exclusive, non-transferable, non-sublicensable license to access the Platform and use the Services via the Internet.
As a condition of your use of the Platform and Services you explicitly agree not to use the Platform and Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by JAVLIN Invest. The following conduct is not an exclusive list but is meant to provide examples of prohibited conduct. You agree not to use the Services in any of the following ways:To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any content (as defined below) that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes on any copyright or other right of any person;
- For any purpose that is prohibited by the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation to another user that is designed or intended to obtain the other user’s password, account, or private information;
- To create or transmit unwanted ‘spam’ to any person or any URL address;
- To post any copyrighted content;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit written consent;
- To promote or sell any content owned by another person.
Further, all Users agree that they will not engage in any of the following conduct:
- posting any information and/or data or accessing the Platform using automated methods (such as, but not limited to, harvesting bots, robots, spiders, or scrapers) without our written permission;
- using the Services in a manner contrary to the use we have authorized such as, but not limited to, interfering with the Services;
- soliciting login information and/or accessing an account belonging to someone else;
- use the Platform and Services in any way or take any action that could harm, disable, overburden or otherwise impair performance, availability, or accessibility of the Platform and Services;
- accessing the Platform and Services through a method other than the interface and the instructions that we have provided;
- reproduce, download, send, sell, resell, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multi level marketing (MLM), Internet earning systems, and e-mail businesses, chain letters as well as use the Services for participation in any of the above;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Platform and Services without our express written consent;
- any actions that could disable, overburden, or impair the proper working of the Platform and Services, such as a denial of service attack;
- the uploading of viruses and/or other malicious code facilitating, promoting, and/or encouraging any violations of our Terms.
LINKS AND THIRD-PARTY CONTENT
Our Platform may display, or contain links to, third-party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties, or which is accessible through or may be located using the Platform or our Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity, or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised on the Platform. By using our Platform or Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Products.
Financial data is provided by Financial Modeling Prep and EOD Historical Data.
DISCLAIMER OF WARRANTIES
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, SERVICE OR TO YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY LINKED SERVICE.
YOUR USE OF THE PLATFORM, SERVICE, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE PLATFORM, SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JAVLIN INVEST NOR ANY PERSON ASSOCIATED WITH JAVLIN INVEST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER JAVLIN INVEST NOR ANYONE ASSOCIATED WITH JAVLIN INVEST REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
JAVLIN INVEST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
RELEASE AND INDEMNITY
Through your use of the Platform, you expressly and irrevocably release and forever discharge JAVLIN Invest and our directors, officers, employees, agents, representatives, contractors, licensees, successors, and assigns from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you have ever had, now have, or hereafter may have, for or arising directly or indirectly out of your use of the Platform and Services.
You hereby agree to indemnify and hold harmless JAVLIN Invest and our directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) any content posted on the Platform, (iii) the use of the Services, by you or any person using your Account or username and password, or (iv) any violation of any rights of a third party.
LIMITATION OF LIABILITY
In no event shall JAVLIN Invest be liable under contract, tort, strict liability, negligence, or any other legal theory with respect to the Platform, the Services, or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF JAVLIN INVEST, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO U.S. $50.
IN ALL CASES, JAVLIN INVEST, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
DURATION AND TERMINATION
These Terms will remain in full force and effect while you use the Platform or Services.
We reserve the right to restrict your access, temporarily or indefinitely suspend Services if:
- you breach these Terms or other policies;
- we believe that your actions may cause any loss or liability to our Users or to us;
- we suspect or become aware that you have provided false or misleading information to us; or
- we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, us, or our affiliates; may be contrary to the interests of the Platform or the User community; or may involve illicit activity.
Any terms and conditions of these Terms that may survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
By registering for an Account, you consent to electronically receive and access, via email or the Platform, all records and notices for the services provided to you under these Terms that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via mail services using the address under which your Account is registered.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the State of New York, without regard to conflict of law principles.
Notwithstanding the specified agreement on jurisdiction, the User and JAVLIN Invest shall, if any dispute arises, attempt to settle it by mutual negotiations.
DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE
You and JAVLIN Invest agree that the arbitration shall apply the substantive law of New York to all state law claims, that limited discovery shall be conducted in accordance with JAMS’s Arbitration Rules and Procedures and that the arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with JAMS’s Arbitration Rules and Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law, or other written explanations of the reasons for the award. You understand that the right to appeal or to seek a modification of any ruling or award by the arbitrator is severely limited under state and federal law. You acknowledge that you are waiving your right to a jury trial. Judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction, and the parties hereto and their respective representatives hereby submit to the jurisdiction of any such court for the purpose of such arbitration and the entering of such judgment.
Federal and state statutes of limitation, repose, and/or other rules, laws, or regulations impose time limits for bringing claims in federal and state court actions and proceedings. The parties agree that all federal or state statutes of limitation, repose, and/or other rules, laws, or regulations imposing time limits that would apply in federal or state court, apply to any controversy, and such time limits are hereby incorporated by reference. Therefore, to the extent that a controversy would be barred by a statute of limitation, repose, or other time limits, if brought in a federal or state court action or proceeding, the parties agree that such controversy shall be barred in an arbitration proceeding.
Any award of the arbitrator or a majority of the arbitrators will be final and binding, and judgment on such award may be entered in any court having jurisdiction. This arbitration provision will be enforced and interpreted exclusively in accordance with applicable federal laws of the United States, including the Federal Arbitration Act. Any costs, attorneys’ fees, or taxes involved in confirming or enforcing the award will be fully assessed against and paid by the party resisting confirmation or enforcement of said award.
You agree to the following additional provisions regardless of your place of residence at the time a controversy arises:
- You agree that any arbitration hearing will be held in New York;
- All arbitrations will be held in the English language unless otherwise agreed to by the parties.
You agree that this agreement to arbitrate shall be binding on you, your heirs, administrators, representatives, executors, successors, and assigns.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchisor-franchisee, or any other relations not directly stated in these Terms.
If any provision of these Terms is held to be invalid, non-binding, or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between you and JAVLIN Invest regarding the Platform and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of JAVLIN Invest. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. JAVLIN Invest may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The failure of JAVLIN Invest to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
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